How to discharge a child from an apartment

The registration of a minor differs from the registration of adults - the rights of children are protected by the state, laws and supervisory authorities. Parents and legal representatives of those under 14 years of age need to take these nuances into account and know how to register a child in another apartment without violating the rights of a small citizen. Be mentally prepared for the fact that the re-registration procedure is complicated by collecting an additional package of documents with an appeal to the authorities guarding minors. Knowing the conditions for registering children and the registration algorithm when moving to another apartment, you can avoid many mistakes and use your time rationally when contacting the migration service.

How to properly discharge children from one apartment and register them in another?

Small children can only be registered where their parents or guardians live.

The need for re-registration arises for a family in the following cases::

The procedure for removing offspring from an old apartment depends on the status of housing, form of ownership, and participation in privatization.

Features of the discharge of a minor co-owner

If a child owns part of the property (shares), the removal from the apartment of a minor child begins with an application to the district department of guardianship and trusteeship.

The following documents are provided to the supervisory authority:

A certificate of family composition (all registered) is taken from the passport office.
Purchase and sale (exchange) agreement or notarized mortgage agreement.
Document confirming ownership.
Technical passport of the previous home and another apartment.
Personal documents of parents and child.

Within two weeks, the guardianship authorities check the documents. The assessment criteria for making a particular decision on checkout from one apartment and registration in another are based on protecting the rights of the small co-owner.

It goes without saying that a minor citizen will not be deregistered at his previous place of residence without the provision of equivalent housing registered as his own. Registration in an apartment under a social tenancy agreement for a co-owner of square meters is not allowed.

A positive decision of the board of trustees gives the green light for deregistration and registration in another apartment. Then everything happens in the same way as with adult family members.

The discharge of a child who does not own part of the family apartment takes place without the participation of the guardianship authorities. This rule does not apply to discharge from public housing.

After a small resident is discharged, problems with registration at another address do not arise if the new housing meets the following conditions:

Equivalence in area and level of amenities;
Located near a kindergarten, school, clinic.

How to transfer a child from one apartment to another

First of all, registration is required when receiving the first important document - an identity card or passport. How to obtain a residence permit or be discharged from your previous place of residence, and why it is much easier to do all this with a new type of identity card - you will find out the answers to these questions below.

More than twenty years have passed since registration was abolished at the legislative level as unnecessary. It was replaced, according to the new law of the Russian Federation on the right of citizens to free movement, by permanent or short-term registration at the place of residence. The concept of “registration” is no longer a legal term and is used only colloquially, out of habit left over from Soviet times.

06 Aug 2020 consurist 209

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Where to go to complete registration actions?

The registration of citizens at their place of residence is carried out by the territorial divisions of the Main Directorate for Migration Issues under the Ministry of Internal Affairs of Russia. Previously, the structure was called the Federal Migration Service. You can contact your local branch directly. An online electronic queue service is available on the official website of the structure.

There are also alternative options:

The passport office of the management company is convenient because they will immediately provide you with a certificate of family composition (or everyone registered in the apartment). You will pick up documents with new registration from the passport officer, without personal presence at the Main Migration Department of the Ministry of Internal Affairs of the Russian Federation.
Multifunctional centers - designed to receive documents for registration. To complete registration actions, you will have to come to the migration department in person at the appointed time. The MFC plays the role of an intermediary between the citizen and the registration authority. The advantages of such an application include additional verification of the package of documents by MFC employees and the absence of a queue.
The Government Services website will require you to register on the portal with a login and password. Receiving them will take some time for those who contact one of the authorized structures for identifying personal data. After activating your account, you will fill out the necessary documents electronically and receive an invitation to the registration authority within three working days. You will be given a date and time to appear by email. Registering a child through State Services is the fastest way to register a change of residence. On one day you receive two stamps in your passport about deregistration and registration at a new address. Minors will be registered in new housing together with legal representatives of their interests.

Where to start: step-by-step work

To deregister a minor with subsequent registration at a new place of residence, you need to visit the following offices:

At the passport office, obtain an extended certificate with information about all residents registered in the apartment. It will be useful to you for selling an apartment, so that the buyer is convinced of the purity of the transaction.
Territorial Board of Trustees to obtain the verdict of the control body. He will either approve the discharge of the children or issue a ban. Be prepared for the fact that you will have to convince officials not to interfere with the deal. Sometimes their judgments are subjective.
Register ownership of new housing in Rosreestr. Otherwise, you will not be able to discharge your child.
Provide information about the new housing to the registration authority in order to simultaneously issue an extract and registration of a minor child.

Documents for re-registration of children

We begin to carefully and scrupulously do the “paperwork”. The outcome of the registration procedure depends on how completely you collect the official papers.

Guardianship authorities meticulously study the submitted documents and may refuse to sell an apartment where small residents are registered.

List of documents:

Application in the form of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation, signed by the parents (guardians) of the minor.
Family personal documents (passport, birth certificate).
Confirmation of ownership of a new residential property.
Technical passports for old and new housing.
House (apartment) book, where registration marks will be placed.

Cancellation of registration will take at least three days. Double procedure (cancellation of registration and new registration) - at least two weeks if the family moves to another apartment within the same locality. Registration in another city is regulated for a period of up to three months. Find out if there is a fine if the child is not registered here.

Re-register a minor child to another apartment

Author: Dmitry Koloskov · 09.10.2019 2019-09-10

How to properly discharge children from one apartment and register them in another?

Small children can only be registered where their parents or guardians live.

The need for re-registration arises for a family in the following cases::

The procedure for removing offspring from an old apartment depends on the status of housing, form of ownership, and participation in privatization.

Features of the discharge of a minor co-owner

If a child owns part of the property (shares), the removal from the apartment of a minor child begins with an application to the district department of guardianship and trusteeship.

The following documents are provided to the supervisory authority:

A certificate of family composition (all registered) is taken from the passport office.
Purchase and sale (exchange) agreement or notarized mortgage agreement.
Document confirming ownership.
Technical passport of the previous home and another apartment.
Personal documents of parents and child.

A positive decision of the board of trustees gives the green light for deregistration and registration in another apartment. Then everything happens in the same way as with adult family members.

After a small resident is discharged, problems with registration at another address do not arise if the new housing meets the following conditions:

Equivalence in area and level of amenities;
Located near a kindergarten, school, clinic.

Where to go to complete registration actions?

There are also alternative options:

Where to start: step-by-step work

To deregister a minor with subsequent registration at a new place of residence, you need to visit the following offices:

At the passport office, obtain an extended certificate with information about all residents registered in the apartment. It will be useful to you for selling an apartment, so that the buyer is convinced of the purity of the transaction.
Territorial Board of Trustees to obtain the verdict of the control body. He will either approve the discharge of the children or issue a ban. Be prepared for the fact that you will have to convince officials not to interfere with the deal. Sometimes their judgments are subjective.
Register ownership of new housing in Rosreestr. Otherwise, you will not be able to discharge your child.
Provide information about the new housing to the registration authority in order to simultaneously issue an extract and registration of a minor child.

Documents for re-registration of children

We begin to carefully and scrupulously do the “paperwork”. The outcome of the registration procedure depends on how completely you collect the official papers.

Guardianship authorities meticulously study the submitted documents and may refuse to sell an apartment where small residents are registered.

List of documents:

Application in the form of the Main Directorate for Migration of the Ministry of Internal Affairs of the Russian Federation, signed by the parents (guardians) of the minor.
Family personal documents (passport, birth certificate).
Confirmation of ownership of a new residential property.
Technical passports for old and new housing.
House (apartment) book, where registration marks will be placed.

Does the owner have the right to discharge a minor?

In judicial practice, there are many situations when the owner has the right to discharge a minor child. A small citizen, under 14 years of age, leaves his old apartment with the registration removed together with his parents (one of them). To carry out this action, the guardianship authorities must be sure that the child is not being discharged “to the streets.” Parents take care in advance about purchasing their own home. This is how a minor child is discharged from an apartment if he is not the owner.

Does the owner have the right to discharge a minor?

Registration of a child at a new address in another city

The easiest way to obtain registration in another city is to purchase square meters there as property.

Grounds for permanent registration of a child together with his parents in another city:

Title documents for personal property;
Rental agreement for rental housing;
Social tenancy agreement for a municipal or state apartment.

A young resident will definitely be registered from municipal housing at the old place of registration into his parents’ own apartment, but registration of a child into a municipal apartment from a privatized one is impossible. Parents can complete registration by arriving in another city where they have housing. At the same time, visit the passport office, multifunctional center, territorial department for resolving migration issues.

Experts advise taking the simultaneous steps of deregistration and new registration. It’s easier to do this on the Government Services portal. Another option is to remove the child from the previous registration in the locality where the family purchased new housing. Then you will not have to visit the migration service at your old place of registration.

It should be remembered that you must submit documents for registration of a minor in another city within one week from the date of arrival. The date is confirmed by travel documents. Please be aware that uniform rules for registering citizens apply, regardless of your region of residence. There is no state fee for registration actions.

Changing the registration of children can occur under different circumstances.

This list will help you find the information you need:

It is important for parents who do not have their own home to know whether temporary registration is possible for a minor child and whether it is possible to place the child in kindergarten without registration. To register a child for kindergarten, you need a certificate of form No. 8, where to get a certificate of registration of a child, find out in this article.
Find out how to register a child at the place of residence of one of the parents here and whether you will need permission to register the child.
After a break in family ties, ex-spouses rarely maintain good relations, and there is no need to talk about the possibility of living together. Does the mother have the right to live at the place of registration of the child or does the father have the same right? Or can a father remove a child from an apartment without the mother’s consent?
Sometimes the baby’s father and mother decide to live separately, for example, each with their own parents. Can a child be registered without the owner’s consent? Read here.

And to help future parents expecting a new addition to their family, we have prepared useful information on when to register a child after birth? It is better not to violate the registration deadlines to avoid a fine. Find out where a newborn baby is registered here.

Watch about the registration and discharge of minors in this video:

Summary

It is impossible to register a minor in another apartment without registering the legal representatives of the children and parents there. It is more convenient to simultaneously discharge and register children at the new place of stay. Make more active use of online registration opportunities with the help of State Services. This rule applies both within the boundaries of one locality and in another city.

For additional information on this issue, please refer to the “Registration” section here.

Free legal support by phone:

Moscow and Moscow region (toll-free call)

St. Petersburg and Leningrad region

Attention! Due to recent changes in legislation, the legal information in this article may be out of date!

The deregistration of an adult and capable citizen who lived in one place of residence and his further registration in another is a common procedure and, as a rule, not accompanied by great difficulties. Another thing is minors. In addition to the general constitutional rights that every citizen of Russia has, the rights of children, including to housing, are specially protected by the state and the laws of the Russian Federation.

Registration is an outdated concept that is still widely used in everyday life . According to current laws, it has been replaced by “permanent registration at the place of residence,” which can be the only one for each Russian citizen or foreign citizen permanently residing in the territory of the Russian Federation for a given time period.

A record of a citizen’s temporary stay for any reason in another place is defined as “temporary registration at the place of stay”

In the life of any family, many situations arise that force decisions to be made that concern not only its adult members, but also minor children. A considerable part of such life situations is associated with a change in place of residence of both the entire family and its individual members. Most often they occur in the following situations:

a family moving to a new apartment when selling the old one, exchanging or donating it;
divorce and exchange of living space by former spouses;
re-registration of a child from the living space of one of the former spouses to another, with whom he will live in the future;
registration of a child in the living space of grandparents, as well as in a number of other cases.

The main requirement that guides the law in all these cases is that when re-registering the address of a new home, so that after the child is discharged from one place of residence, he is immediately registered in another. The place of permanent registration in the minor’s apartment should not be “hanging.”

And supervisory authorities monitoring compliance with children's rights insist on strict compliance with these requirements

In addition, the living space per child in the new location should not be less than at the old address. And according to other parameters, deterioration of the living conditions of a minor is not allowed during re-registration. In particular, changing private housing to communal housing is not allowed.

Re-registration of a child: basic rule

Registration in another apartment after the child is discharged from the previous one

To register a minor in a new home after the sale of the old one, where he was one of the co-owners, his parents or other legal representatives contact the Federal Migration Service, presenting a certificate of departure and deregistration at the previous address.

In addition, the following must be presented:

Written consent of the guardianship authorities.
Documents confirming ownership of the new apartment.
Passport of the person in whose living space the child is registered.
Birth certificate of a minor.

According to Article 61 of the Family Code of the Russian Federation, the rights and obligations of both parents in relation to minor children are equal. And Article 65 determines that the place of residence of minor children when parents live separately is established by mutual agreement of the latter. The Civil Code states in Article 20 that a change in the registration address of one of the parents with whom minor children live automatically determines the place of their new registration with the provision of housing of equal quality.

Or on the website. It's fast and free!

The removal of minor children from an apartment or house, especially when selling a home, is often described as a very complex issue involving obtaining multiple permits and collecting a large package of documents.

Is it really?

Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.

If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!

Re-registration of a child to another apartment

Peculiarities of discharging a minor child from an apartment How to discharge a child from one apartment and register him in another After a minor has been discharged, it is necessary to urgently register him in the living space indicated earlier in the departure sheet and in the application submitted to the guardianship authorities. If you want to find out how to solve your particular problem, please use the online consultant form on the right or call ext. 882. The procedure for discharging/registering a child does not pose any serious problem in some individual cases.

We recommend reading: Leave under an employment contract

Is it possible to register a child in another city without the father’s consent?

A lot of misunderstandings are caused by the loose interpretation of Article 65 of the Family Code, which states that the place of residence of children when parents live separately is established by their agreement.

Based on this norm, FMS employees require the presence of the second parent or notarized consent, especially if the spouses are registered in different places. However, not a single regulatory document contains any indication of the need to somehow prove the consent of the second parent .

In the event that divorced parents cannot come to a common decision on the registration of children, this issue is resolved in court .

Is the consent of the guardianship authorities required to register (discharge) a child?

Despite many rumors about the activities of social security authorities, they do not deal with issues of registering children at their place of residence .

The task of the guardianship authorities is to protect the rights of children , including property (property rights) and constitutional (right to housing).

They will not be required when deregistering a child owner, if the change in registration address is not accompanied by the alienation of his property.

When is consent required?

The consent of the guardianship and trusteeship authorities will be required in the following cases:

Sale of housing where the child has a share of the property

Real estate transactions involving children's property are the most difficult to conduct.

To obtain guardianship consent, you need documents for both apartments, including BTI floor plans, documents and notarial consents or the personal presence of all owners. Exchange of municipal housing .

This operation, which is quite rare in our time, also cannot be done without a guardianship decision. This necessity is caused by the fact that all members of the tenant’s family have an equal right to use housing.

The guardianship will need to provide a social rent agreement, BTI documents for both apartments, consent and passports of all residents, as well as confirmation of the possibility of this exchange from government bodies (for example, the housing construction department).

This is the only case when a decision is made on the very fact of deregistration. To do this, the new legal representatives of the child need to contact the USZN with the same set of documents as for registration at the new address, namely:

Birth certificate or passport of the child;
Passport of the legal representative;
Documents for housing where the child is expected to be registered;
Statement.

The maximum period for making a decision is 15 working days .

A newborn child must be registered in the apartment no later than 7 days from the date of receipt of the birth certificate. Read about registration details here.

Don't know where to register your child? For instructions on registering a newborn through the MFC and State Services, read the article https://svoe.guru/zhilaya-sobstvennost/kvartira/propiska/deti/gosuslugi-i-mfts.html

How to discharge and register a child in another apartment in Moscow

After the child is discharged, it is necessary to register him at his new place of residence. When choosing a suitable place, it is important to focus on the registration address of the parents or legal representatives (guardians, trustees). If the minor has reached 14 years of age, this requirement is not met.

We’ll talk in more detail about the procedure for re-registration from one home to another in today’s material.

Please note that this is a maximum list of documents. FMS employees do not have the right to demand any other documents. If you are assured that this is not enough to register a child and they refuse registration, obtain a written refusal from the passport officers and file a statement of claim in court. Once registration is ready, you will receive an email inviting you to pick up the document.

Documents for the child's discharge

Most of the documents needed to discharge a child or agree on a guardianship deal are already in the hands of the parents. These are birth certificates, passports, and a certificate of registration of ownership of an apartment.
The cadastral plan and explication must be ordered from the BTI through a personal application or through the government services website. The provision of these documents is paid, the readiness period is 10 working days .
A single housing document or a replacement set (extract from the house register, certificate of absence of debt on utility bills, personal accounts) can be obtained at the district MFC or at the passport office and accounting department of the housing office, usually these are two adjacent windows.

Where to apply to remove a child from an apartment?

In the district MFC or “My Documents” item

You can discharge your child by contacting the multifunctional center at your place of residence.

In this case, you will have to go through several windows to verify documents, obtain an extract from the house register, have a copy certified by the manager, etc.

The service period is 3 working days ; documents must be collected at the same MFC.

To the passport office

When contacting the passport service directly, if there are no multifunctional centers in the locality, the procedure will be similar.

The set of documents that must be provided for discharge does not change either. To the government services website

To submit an application electronically, you need to fill out the form on the website and upload scans of all the necessary documents. After 3 working days, you will receive an invitation by email to appear at the Federal Migration Service with original documents for verification and making a final decision on the discharge.

How to discharge a registered child from an apartment?

The move of a family to another locality is often accompanied by the sale of housing and being discharged “to nowhere.” Many are afraid of possible questions from guardianship and the passport office, but everything is not as complicated as it seems at first glance.

If the child was not the owner of the sold home , then it is enough to indicate in the application for discharge the expected address where the family will stay for the first time (with friends, in a boarding house, etc.). There is no need to worry about checks from social security if the family is prosperous and not registered.
In the case where the child’s property was sold , already at the stage of agreeing on the transaction with guardianship, the parents sign an obligation to purchase new housing, register the child in it and allocate a share to him within three months. This document must be attached to the application for discharge.

How to discharge a child from an apartment and register him in another?

This requires mutual consent; Children cannot be discharged without the condition of future housing registration.

In addition, restrictions are also imposed if the child does not live at the official place of residence: a court decision will be required for discharge. Deterioration of conditions is unacceptable. This rule especially applies to footage - the new residential premises cannot be smaller than the previous one.

The child has a privileged position.

If the parents are deprived of the right to an apartment, the child can continue to use it. Guardianship often puts a spoke in the wheels and prevents the family from changing their place of registration. In such a conflict, only a third party will help - the court.

Status imposes special features. The restrictions in this case are aimed at protecting children, their rights and legitimate interests. The discharge process depends on several factors.

The simplest situation is that the child does not own a home.

Then the procedure will look like this: Contact the passport office.

How to discharge a child from an apartment and register him in another, incl.

when selling a home, what is needed for this

Consequently, only his legal representatives have the right to discharge a child from the apartment in the manner prescribed by law.

As a general rule, registration is carried out by registration authorities on certain grounds. One of them is changing your place of residence.

Deregistration in this case is of a declarative nature. However, applications are accepted only from legally capable adults.

The need to leave the apartment is most often due to a change of place of residence.

In municipal housing, this may happen in connection with the exchange or termination of an old social tenancy agreement.

Neither the adults nor the children in the rented accommodation are the owners. However, when discharged from it, care must be taken to ensure that the children's interests are respected. Privatized housing is inherited, given or purchased.

When selling, all residents of the property being sold must be deregistered.

Can the owner discharge a registered child?

Often a situation arises when the child has not lived in the apartment for a long time, but it is difficult to obtain the consent of his legal representative for discharge for one reason or another.

To solve this problem, the owner of the apartment must apply to the court with a claim to recognize the citizens registered in the apartment as having lost the right to use (Registration Rules, paragraph 31). First of all, the claim is filed against the parent, and the child is then discharged along with him .

In the life of every family, circumstances may arise that require the child to be removed from the apartment. This procedure should not cause difficulties, but it should be understood that in any controversial situation the law will primarily protect the rights of the child.

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Sep 10, 2019adminlawsexp

Basic rules for discharging a child from an apartment and registering him in another residential area

According to Art. 20 of the Civil Code, any minor must live in the same residential area with an adult citizen who is his legal representative.

How to properly discharge a child from an apartment and register him in another? To do this, you will need to observe certain nuances. Among them:

legislation allows a minor child to be discharged from an apartment only together with one of the parents,
when the parents of a minor do not live with each other, it is prohibited to remove him from registration without the consent of the father or without the consent of the mother,
it is prohibited to discharge children from an apartment when there is no possibility of their registration in another,
if the parents of a minor have been deprived of parental rights, then he retains the opportunity to use the real estate where he is registered,
when a minor is the owner of real estate or a certain part of it, he can be discharged only after the approval of the guardianship and trusteeship service.

It is impossible to discharge children from an apartment without the possibility of their registration and future residence in an area that is the same in size as their previous housing. That is, it is forbidden to move with them to a new residential premises with an area of 45 sq.m., if at the previous place of registration there were 65 sq.m. This, according to current legislation, will be perceived as an infringement of the rights and interests of a minor and a deterioration in living conditions.